Shri. Jalandar Ganpati Kamble Died Thru Lhrs v. Warna Sahakari Dudh Utpadak Prakriya Sangh Ltd. And ANR.
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION ST. NO. 95925 OF 2020 Anil Gulab Kawale & ors.
.. Petitioners vs.
Commissioner of Textile Maharashtra State & ors.
.. Respondents WITH INTERIM APPLICATION ST. NO. 97915 OF 2020 IN WRIT PETITION ST. NO. 95925 OF 2020 Bapuso Laxman Lokhande & ors.
.. Petitioners vs.
Commissioner of Textile Maharashtra State & ors.
.. Respondents WITH INTERIM APPLICATION NO. 2582 OF 2020 IN WRIT PETITION NO. 7698 OF 2007 Jalandar Ganpati Kamble died through L.Rs.
.. Petitioners vs.
Warna Sahakari Dudh Utpadak Prakriya Sangh Ltd. & anr.
.. Respondents WITH INTERIM APPLICATION ST. NO. 97487 OF 2020 IN WRIT PETITION ST. NO. 95925 OF 2020 Ashok Kashinath Satpute & ors.
.. Petitioners vs.
Anil Gulab Kawale & ors.
.. Respondents 1/3
------------------------ Mr. Sandeep Koregave for the petitioners in WPST/95925/2020. Mr. Vijay Patil i/b. Kedar Lad for respondent No.1. Mr. Saurabh Pakale for petitioners in WP/7698/2007 (detagged). Mr. P.V.N. Rajan, AGP for State.
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CORAM
: M.S.KARNIK, J.
DATE : FEBRUARY 22, 2021 P.C.:- As Writ Petition No.7698 of 2007 raises diferent issue altogether, the same be de-tagged from the above Writ Petitions. 2.
Heard learned counsel for the petitioners.
3.
The order under challenge is passed by the Commissionercum-Additional Registrar, Co-operative Societies (Co-operation) under Section 78(A) (1) of the Maharashtra Co-operative Societies Act, 1960 (herein after referred to as 'the said Act') superseding the Board and appointing administrator. 4.
Learned AGP appearing for the State Government raises a preliminary objection as to the maintainability of the Petition in view of the alternate remedy available. He submits that the petitioners have a remedy of fling an appeal under Section 152 or revision under Section 154 of the said Act. 2/3
5.
I have gone through the provisions of Section 152 and Section 154 of the said Act. The petitioner has an alternate efÏcacious remedy under the said Act. In this view of the matter with a liberty to the petitioner to avail of alternate remedy, the Petition is disposed of.
6.
All contentions are kept open and I may not be understood to have expressed any opinion on the merits of the contentions raised.
As the interim order is in operation since 17 November, 2020 the same is continued for a further period of six weeks provided the petitioner approaches the State Government within a period of two weeks from today and fles appropriate proceedings along with an application for stay. The application for stay be considered expeditiously on its own merits and within a period of four weeks from the date of fling.
8.
Needless to mention, the application for stay be decided on its own merits without being infuenced by the interim order which was already granted by this Court.
Digitally signed by Diksha Rane Date:
2021.02.23 18:17:03 +0530 Diksha Rane 9.
In view of the disposal of the Writ Petition, the intervention applications are disposed of.
(M.S.KARNIK, J.) 3/3